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William Huggon

PSY328 SUMMER FINAL NOTES 1 SONYA DHILLON LECTURE 6 Jury Decision Making Canada VS US: from lecture 5 In Canada, most cases are judged without a jury In Canada, there is a presumption that jurors are not biased and can be impartial In the US there is a presumption that jurors are inherently biased and must be challenged In US, because of the system/rules, they are assumed to be biased information that may bias jury people can effect them because of rules In Canada, jurors do not make decisions regarding sentencing except sometimes for 2 degree murder, they can suggest it Challenge for Cause Legal mechanism in place to challenge jurors as to whether they would be impartial with respect to a particular issue Particular issues: racial bias, sexual orientation, religion, anything that has an air of reality of prejudice within the community Has to be proved to the judge or they wont allow challenge for cause Once its been proven once, you dont have to prove it again because of stare decisis - precedence Must establish a reasonable inference of potential bias in the population Its in the community where the trial is taking place Judge decides whether a challenge is warranted and has final approval of any questions to be put to the jury Defendant is _____, and you as their lawyer think that theres an air of reality that theres potential bias and you ask for challenge for cause and you give judge results from questionnaire that shows prejudice and the judge doesnt prove it then defendant will definitely appeal! R v. Williams: native defendant, not allowed challenge for cause appealed and other judge allowed it Canada and USA Challenge for Cause - pretrial In the US, there are long and personal challenges done by the lawyers and adjudicated by the trial judge often involving jury consultants Pretrial Can ask huge questionnaires OJ Simpson Void ires lasted 8 months In Canada, the only information available to the lawyers is name, address, occupation, demeanor and physical appearance Our isnt really a pretrial, its just a screening Simplicity vs efficiency PSY328 SUMMER FINAL NOTES 2 SONYA DHILLON Challenge for cause Jurors themselves responsible for decision as to whether the potential juror is biased in Canada Other peers in the jury panel determine bias regulating yourself make it more salient (Whereas its the judge in American system) person of authority Challenge for cause Allowed on grounds of pretrial publicity Usually may be an adjournment, change of venue, but its along the lines of have you heard about this case Sexual orientation HIV status Mental Disability Drug involvement Political or moral attitudes Police credibility Race or minority group status what are the biases if there are biases are you able to tell me about it? even if not prejudice, you can talk about it people feel uncomfortable sometimes there is stigma Impartiality R. v. Parks (1993) goes along really well with social psychology Its not just if the prejudice is there, but do you have the ability to ignore it or not Ability to ignore: personal reasons external motivations 2 biggest motivations: correct and looked upon as good by our peers Partiality has TWO components: Attitudinal prejudice Behavioural discrimination R. v. Parks (1993), 24 C.R (4 ) 81h Air of reality Ontario Court of Appeals took judicial notice that . . .there is a realistic possibility that a juror will be influenced in the performance of his or her judicial duty on the basis of racial bias Supreme Court of Canada reiterates this precedent in R. v. Williams (1998) PSY328 SUMMER FINAL NOTES 3 SONYA DHILLON Challenge for Cause Select first two triers On the basis of the potential jurors answer to the challenge for cause question(s), the trier decides whether the potential juror is acceptable or unacceptable to sit on the upcoming trial 2 people randomly selected, asked if biased or not, and are selected to be triers 2 triers, judge, lawyers, audience potential juror asked question by lawyer, and 2 triers deliberate and say if they allow them or not triers will not be jurors in the trial then 1 trier leaves, 2 trier and 1 jury member are now the 2 deliberators for the new person that comes in to be deliberated on lawyer can use preemptory challenge triers can agree or disagree Legally, having a bias does not necessarily indicate you are partial Or impartial There are 2 components to impartiality attitude and behaviour Problem: people want to look good in front of this huge audience motivation to be liked and not look bad in front of peers Doesnt actually matter if theyre lying or not, because theyre saying it to not look bad they will try really hard to decide the case only on the evidence at hand bias disappears Swearing in Triers dont need to know the quotes for exam; Do you swear that the evidence to be given by you to this court shall be the truth, the whole truth, and nothing but the truth, so help you God? Do you swear that you will well and truly try whether one of the jurors stands acceptable or unacceptable to try the accused, and a true verdict give according to the evidence, so help you God? Call first potential juror: 2 potential triers sitting there Challenge Potential Juror Do you swear that the evidence to be given by you to this court and triers sworn in this challenge shall be the truth, the whole truth, and nothing but the truth, so help you God? R. v. Parks: The Challenge for Cause Question As the presiding judge will tell you, in deciding whether or not the prosecution has proven the charges against the accused beyond a reasonable doubt, a juror must judge the evidence of the witnesses without bias, prejudice, or partiality (preamble). Would your ability to judge the evidence in this case without bias, prejudice, or partiality, be affected in any way by the fact that the accused is Black? (actual question) -are you prejudice and can you not be? -asking you point blank very salient PSY328 SUMMER FINAL NOTES 4 SONYA DHILLON -very small amount of people who are high in prejudice dont care about social norms -most people who are biased, will act non biased, because they dont want to look bad -American system VERY different, long and less obvious questions Triers Deliberate Triers, how do you find? Peremptory Challenges* for any reason, they dont have to say why, I dont want that juror Were trying to get rid of bias but lawyers can remove jurors randomly? Skewing the jury We dont know if they are such a good idea Skewing the jury to make them act in an impartial way good to have a mix of high and low prejudice people to cancel each other out May cause jury to be a bit skewed less so than the states though If acceptable, trier #1 rejoins jury pool and can be called as a juror still. Not for this trial, but for some other trial The challenged juror becomes the next trier. The 1 juror becomes the next trier Swear in juror #1. Swear in triers again. All the way until we have 12 people Every single time the swearing in process happens every time Trier Unacceptable If triers find juror unacceptable or if either lawyer uses a peremptory challenge, the juror is excused back to the jury office. This challenged juror is free to be called for another jury pool later on. Usually if youre not on a jury within 5ish days, youre usually let go Challenge for Cause R. v. Koh (1998) -the process not only removes jurors who are forthright about the prejudices, it sensitizes the remaining jurors about their duty to be impartial -what does this sound like Fazios MODE model dual process model -idea of your beliefs and endorsements of these beliefs -if you endorse and know it as well thats prejudice -getting rid of people who endorse it MODE model FAZIO Slide 17 NOTES IN SLIDES FOR THIS Characteristics of the Jury A Jury of Ones Peers 1) Representativeness
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